All,

A member posed a question about pre-trial diversion. “Is an attorney’s letter sufficient to establish pre-trial diversion or would a court document be necessary”? DODD’s answer is below.

From: Ann.Weisent@dodd.ohio.gov <Ann.Weisent@dodd.ohio.gov>
Sent: Wednesday, July 10, 2019 9:23 AM
To: Anita Allen <AAllen@opra.org>
Cc: Vicki.Jenkins@dodd.ohio.gov
Subject: RE: pre-trial diversion

Anita,

   There is no requirement for a specific document to prove participation in pre-trial diversion.  Because each court across the state documents court actions differently, it is up to the provider to determine how the local court system documents the person’s participation (ie; court document, copy of court docket, etc.) and address in their policy how they will verify this information.  Here is some other helpful info related to pre-trail diversion that might be helpful.  I am also including Vicki Jenkins on this email in case she has anything additional to add.

Rule 5123-2-02 prohibits a responsible entity from employing or continuing to employ a person who: (1) has been convicted of, (2) pleaded guilty to, or (3) has been found eligible for intervention in lieu of conviction for a disqualifying offense.

If you believe that your current employee or someone you are considering to hire, is in a pre-trial diversion program, you need

to verify that your employee has not received "intervention in lieu of conviction." There is no standard documentation for the provider to maintain to verify that the employee is in a pre-trail diversion program.  It is up to the agency, via their policies and procedures, to determine how they will verify this (we have found that different courts document this differently, so you should check with your local courts to find out how you might be able to verify this). 

If the employee is in a pre-trial diversion program, the employee has been charged with an offense. The rule does not prohibit a responsible entity from employing or continuing to employ a person who has been charged with a disqualifying offense.

It is important for a responsible entity to:

 Clearly set forth in writing, its policy regarding employment of persons charged with disqualifying offenses and how the agency will verify that the person is in pre-trial diversion.

 Ensure it implements its written policy in a uniform and consistent manner.

Ensure that the agency identifies how they will track the completion of the pre-trial diversion program and what actions are to be taken if the person fails to complete the pre-trial diversion program.

Ensure that appropriate actions are taken, based on the offense the person has been charged with, to protect the rights, health and safety of individuals served (ie; charged with theft, what actions might need to be taken related to the employee’s access to individual funds, charged with drug offense, what actions might need to be taken related to the employee’s access to medications, etc.). 

Ann L. Weisent

Manager

Office of Systems Supports and Standards

Division of Legal and Oversight

Cell – 614-949-8792

Office – 614-466-6670

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